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E-Voting Case Law: A Comparative Analysis

Edited by: Ardita Driza Maurer, Professor Jordi Barrat Esteve, David Schultz

ISBN13: 9781472446756
Published: September 2015
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £83.99

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E-voting is the use of electronic means in the casting of the vote at political elections or referendums. This book provides an overview of e-voting related case-law worldwide and explains how judicial decisions impact e-voting development.

With contributions by renowned experts on thirteen countries, the authors discuss e-voting both from controlled environments, such as voting machines in polling stations, and uncontrolled ones, including internet voting. Each chapter examines a group of country-specific leading judicial decisions on e-voting and their likely impact on its future development. Reference is made to emerging standards on e-voting such as the Recommendation Rec(2004)11 of the Council of Europe, the only international instrument on e-voting regulation, and to other countries' case-law.

The work provides a broader, informative and easily accessible perspective on the historical, political and legal aspects of an otherwise very technical subject, and contributes to a better understanding of the significance of case law and its impact in shaping e-voting's future development. The book will be significantly useful to anyone with an interest in e-voting, in particular decision makers and officials, researchers and academia, as well as NGOs and providers of e-voting solutions.

Constitutional and Administrative Law, Information Technology Law, Comparative Law
Contents: Foreword, Douglas W. Jones
Foreword, Geo Taglioni
E-voting: what does the judge say?, Ardita Driza Maurer

Part I The Principles: Germany: the public nature of elections and its consequences on e-voting, Sebastian Seedorf
E-voting in Austria: legal determination matters, Melina Oswald
Legal aspects of e-voting in Brazil, Amilcar Brunazo Filho and Augusto Tavares Rosa Marcacini
E-voting case law in India, Rishab Bailey and Rohit Sharma
A judicial approach to internet voting in Estonia, Ulle Madise and Priit Vinkel

Part II The Regulations: The French Conseil Constitutionnel and electronic voting, Jordi Barrat
E-voting case law in Argentina, Jose Maria Perez Corti
Internet voting case law in Finland, Jussi Aaltonen
The internet voting project in the Mexican courts, Jordi Barrat

Part III Back to Politics: Case law on e-voting - a Swiss perspective, Beat Kuoni
Electronic voting law in the United States, Daniel P. Tokaji
Electronic voting in Australia, Greg Taylor
Venezuela: finding the relationship between e-voting and democracy, Ruben Martinez Dalmau

Conclusions, Ardita Driza Maurer and Jordi Barrat.